H.B. No. 163 introduces a new chapter, Chapter 108A, to the Civil Practice and Remedies Code, which establishes the liability of judges and magistrates for the improper release of defendants on personal bond for certain felony offenses. Specifically, the bill allows victims of violent offenses, or their estates if deceased, to sue judges or magistrates for damages if the release on personal bond violated specific provisions of the Code of Criminal Procedure. The maximum damages that can be awarded in such cases is capped at $10 million, and judges or magistrates cannot claim judicial immunity as a defense in these actions.

The provisions of this bill apply only to personal bond releases occurring on or after the effective date of the Act, which is set to take effect 91 days after the conclusion of the legislative session. Additionally, the bill clarifies that a specific section of the Civil Practice and Remedies Code (Section 108.002) does not apply to actions brought under this new section, thereby ensuring that the liability framework established by this bill is distinct and enforceable.

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